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Constitutional Law,
9th U.S. Circuit Court of Appeals

Feb. 1, 2019

The Nascent, Nebulous NIFLA Doctrine

In its first chance to construe new First Amendment commercial speech doctrine articulated last spring by SCOTUS in 'NIFLA v. Becerra,' an en banc 9th Circuit panel united to block San Francisco's soda advertisement health warning, but split four ways on why the compelled speech was impermissible. Competing amici Wen Fa (Pacific Legal Foundation) and Ted Mermin (Berkeley Law; Public Good Law Center) unpack the ruling and the emerging doctrine.

Ted Mermin

Interim Executive Director, Berkeley Center for Consumer Law and Economic Justice; Executive Director, Public Good Law Center,


Wencong Fa


Brian Cardile

Rulings Editor, Podcast Host, 9th U.S. Circuit Court of Appeals reporter

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